By Chris Vedelago

February 28, 2015 — 7.04pm

The Abbott government's offshore refugee policy is facing a new legal challenge that seeks to hold the Commonwealth legally responsible for conditions in its overseas detention camps because the decisions to open and operate them were made in Australia.

The Sunday Age understands the claim is an attempt to refute the government's long-standing position that what happens in the camps is the sole responsibility of the governments of Nauru and Papua New Guinea and the private operators that run them.

Law firm Maurice Blackburn is making the argument on behalf of a 36-year-old detainee who is suing the Commonwealth and contractor G4S after losing an eye during the 2014 Manus Island riots.

The Abbott government is currently fighting dozens of individual lawsuits brought by current and former detainees over allegations of mistreatment and unlawful incarceration in Australia's extensive camp network. Two class actions – brought against the federal government and the centre operators – are also underway on behalf of more than 1500 detainees on Manus and Christmas Islands.

A spokesperson for Maurice Blackburn declined to comment because the matter involving the unnamed detainee – known as "RN" – is currently before the Supreme Court of Victoria.

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But a new statement of claim filed in the proceeding argues that RN was at all time "under the sole and total control of the Commonwealth" regardless of his physical location in PNG.

The Sunday Age understands that Maurice Blackburn will seek access to an extensive list of government documents in a bid to demonstrate the establishment, financing, subcontracting, management and oversight of the Manus camp was directed from within Australia.

"The place where in substance the duty owed by the [Commonwealth] to [RN] arose and the breaches of duty took place or occurred was Australia," court documents allege.

"The law of Australia is the appropriate law to be applied in determining [RN's] claim against the [Commonwealth]."

The claim also notes the contracts with G4S, Salvation Army and others to set up and run the camp at Manus were all signed in Australia.

Although the government has conceded it owes a "duty of care" to those in the camps, its solicitors argue that any physical or psychological injuries sustained by detainees is due to negligence on the part of camp operators or the host country.

But Dr Andrew Morrison, SC, spokesman for the Australian Lawyers Alliance, said that argument was contradicted by the widespread presence of Australian government personnel in the camps.

"To say that they have fully delegated the running of camps to others is simply false," he said.

"Whether the Commonwealth uses G4S or the government of PNG to provide security, if it's done negligently, then the Commonwealth is as liable as if it were one of its own employees that did it because it has a non-delegable duty of care as a matter of law."

The Department of Immigration declined to comment on the lawsuit because the matter is before the court.